General

Milo Mason's Administrator v. Seraphim Masi

5 D.C. 3975 Cranch 397·United States Circuit Court of the District of Columbia·1838

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Opinion

Milo Mason’s Administrator v. Seraphim Masi. Aa indorser of a promissory no’te is a competent witness for the defendant in an action by the indorsee against the maker. Assumpsit, upon the defendant’s promissory note to Nicholas Harper, and by him indorsed to the plaintiff’s intestate. Mr. Morfil, for the defendant, offered the indorser, Nicholas Harper, as a witness to prove payment by the defendant; and cited White v. Kibling, 11 Johns. 128; Hooper v. Davis, 1 Esp. 463; Gharrington v. Milner, Peake’s Com. 6, and Starkie on Ev. part 4, p. 300. [MAJORITY — (Thruston, J.,] The Court (Thruston, J., conirá, and the other judges doubting,) permitted him to be sworn and examined, to prove payment by the defendant; and said they would hear a motion for a new trial if the verdict should be for the defendant. Verdict for the plaintiff) $50, with interest from the 25th of March, 1835. Judgment for the plaintiff.